1.3 Family Harm - Policy and Procedure

Question 1

What is the Police Policy Statement around Family Harm?

Answer 1

Family harm is a high priority for Police, focusing around reducing the number and impact of family harm episodes. The strategy focuses around preventing harm and reducing offending and victimization. Police are committed to being prompt, effective, nationally consistent and work with other agencies to achieve this.

Question 2

Explain the guiding principle - Early intervention.

Answer 2

Recognizing early intervention and taking an eyes wide open approach at all family harm investigations.

Question 3

Explain the guiding principle - Culturally appropriate.

Answer 3

Provide culturally appropriate solutions. Maori should reflect tikanga.

Question 4

Explain the guiding principle - Safety. - Must Know

Answer 4

Ensure all parties are made safe and kept safe, particularly victims.

Children are vulnerable and before leaving officers must have no concerns regarding any child’s safety.

Officers must be aware family harm episodes are one of the most dangerous parts of their job and take precautions.

Question 5

Explain the guiding principle - Collecting risk information.

Answer 5

Collecting specific risk information to enable effective assessment, planning and risk management, to victims and to guide decisions around appropriate actions for offenders.

Question 6

Explain the guiding principle - Accountability.

Answer 6

Holding predominant aggressors and offenders to account.

Directing offenders into to programs that will stop and prevent harm.

Question 7

Explain the guiding principle - Working collaboratively.

Answer 7

Police must:

Coordinate responses.

Be part of a coordinated collaborative multi-agency response.

Provide quality information to multi-agency’s.

Apply active case management principles and processes.

Question 8

How are Maori represented in family harm?

Answer 8

Maori are over-represented in family harm statistics, both offending and victimization.

Question 9

When thinking about demographics represented in family harm what is it important to remember?

Answer 9

Family harm can happen to anyone, including occurring in families who are affluent.

All family harm investigations require an open mind.

Question 10

Define ‘Family violence’?

Answer 10

Family violence is a subset of family harm. Family violence includes physical, sexual or psychological abuse within domestic relationships.

Question 11

What are the majority of family harm investigations police record?

Answer 11

Intimate partner violence.

Question 12

In intimate partner violence who is usually the predominant aggressor?

Answer 12

The male party.

Question 13

How is men’s violence likely to result?

Answer 13

In serious injury and intimidation and fear.

Question 14

When are woman likely to use violence in a relationship?

Answer 14

In self defense also known as resistive violence.

Question 15

What is there a high rate of in intimate partner violence?

Answer 15

Child abuse and neglect. It is not necessarily separate forms of violence and an act against one party can be used to increase control over both.

Question 16

When conducting an investigation and crime scene examination where firearms may be present what must I consider?

Answer 16

Consider:
Firearms or other weapons.

Whether a PSO or a protection order is in place.

Whether there are sufficient safety concerns to warrant the issuing of a PSO.

If you execute the power to seize, report to the commissioner within three days.

Complete enquirers to determine whether a licensed firearms holder is considered ‘fit and proper’.

Question 17

If the victim becomes a reluctant witness how can I prove the charge?

Answer 17

Corroboration, including:

Medical examinations and doctors reports.

Photos of injuries.

Scene examination evidence.

Clothing.

Witness statements.

Question 18

When is the best time to interview a victim?

Answer 18

At the time or if not appropriate, at the first possible opportunity.

Question 19

Although forensic interviews of child abuse victims or child witnesses must be carried out by specially trained child witness interviewers, can I carry out a preliminary interview?

Answer 19

Yes, this is used to identify their role and inform the wider safety assessment.

Question 20

When deciding to arrest, what must I determine?

Answer 20

Is there sufficient evidence?

Will the tests in the Solicitor-General’s prosecution guidelines be met?

Question 21

When dealing with family violence offences and breach of protection orders and there is sufficient evidence of an offence, both current and historical, what must I consider?

Answer 21

Protection orders continue to be effective until discharged by a court. Except in exceptional circumstances, the offender should be arrested. This means that actions should still be taken for historical breaches.

Question 22

Where offending is disclosed and actions other than arrest are contemplated, who must I consult?

Answer 22

You must consult with your supervisor. It is advisable to consult with the family harm coordinator/family harm specialist who may have further information.

Question 23

Where there is evidence indicating violence by both parties and you are trying to determine if there is a primary aggressor, what must I consider?

Answer 23

I should consider the possibility that some violence may be actions taken in self defense.

Question 24

Do I need a formal complaint from the victim to arrest or file charges?

Answer 24

No, however their response and wishes should be listened to and noted.

Question 25

When there is insufficient evidence to arrest but I still have safety concerns what should I consider?

Answer 25

I should consider if it is appropriate to issue a Police Safety Order.

Question 26

When considering what charge(s) is appropriate what should I cover off?

Answer 26

Do not minimize violence that has occurred.

Ensure a charge reflects the essential nature of their offending.

Ensure that there is sufficient evidence.

Consider any continuing risk to the victim.

Question 27

What MUST I do with a breach of protection order that meets evidential sufficiency?

Answer 27

I must charge the offender with the breach and not release the offender on Police Bail for 24 hours unless there is a court hearing earlier.

Question 28

When deciding to grant Police Bail what is the primary consideration?

Answer 28

The safety of the victim and their family members, our ability to link them to support and services, and a cooling off period for the offender.

Question 29

What happens at the expiry of the 24 hour period following a BoPO arrest?

Answer 29

I should follow standard procedures for determining whether the person should be granted bail. The need to protect the victim is paramount in this.

Question 30

Who can authorize Police bail for a Family Violence Defendant?

Answer 30

A sergeant or above.

Question 31

When opposing bail for a BoPO, Section 8(5) of the bail act provides what?

Answer 31

It provides that the need to protect the victim of the alleged offending is of paramount consideration when deciding whether to grant bail.

Question 32

What happens when a person on EM bail is served a PSO?

Answer 32

They will be unable to remain there for the duration of the order.

Question 33

What should I do when a person on EM bail is served a PSO?

Answer 33

Follow the ‘EM bailee served with PSO’ procedures in the bail chapter EM Bail - breaches and unsuitable addresses.

Question 34

Will Victim Support provide support to family violence victims?

Answer 34

Only in regions where there is no viable specialist agency available.